British background could help Hicks

Page Tools

David Hicks' application for British citizenship could be "a
door opening up" for the Guantanamo Bay detainee, his father Terry
Hicks said this morning.

However, Mr Hicks said he was "apprehensive" about whether the
British Government would approve the application.

Both Prime Minister John Howard and a spokeswoman for
Attorney-General Philip Ruddock said the application was a private
matter, and would not comment further.

Hicks' Pentagon lawyer, Major Michael Mori, lodged the
application following a chat about the Ashes cricket series in
which Hicks revealed his mother was British and had never taken out
Australian citizenship.

A law change in 2002 entitled him to register as a British
national.

The British Government refused to allow any of its nine inmates
at Guantanamo Bay to be tried by military commission because it
said the trials failed to uphold basic standards of international
justice.

It successfully demanded the repatriation of its citizens and
all were set free.

Hicks, originally from Adelaide, has been held at Guantanamo
Bay, Cuba, since 2002.

The 30-year-old convert to Islam was captured in Afghanistan
where he allegedly fought alongside the ruling Taliban against
US-led forces. He faces charges in a military commission of
conspiracy to commit war crimes, attempted murder by an
unprivileged belligerent and aiding the enemy.

'Apprehensive'

Terry Hicks said he was "a bit apprehensive" about the
citizenship application.

"We've just got to wait on the British government to see what
happens there as far as the application that is put in to them," he
told Sky News.
"Whether they will okay it or not, we are not really sure."

Mr Hicks said he was unhappy with the Australian government's
approach to his son's case.

"I'm unhappy with the Australian government as far as the way
they've gone about (it) by supporting commissions and haven't
really lifted a finger to help David," he said.

"Maybe this is a door opening up for David, for the British to
now support David if they accept his application for British
citizenship.

"So here you have the Australian government don't do anything
and the British did eventually get all their nine people back out
of Guantanamo Bay."

Mr Hicks said he understood the US military commission may not
sit until November, giving his son extra time to seek British
citizenship.

Lawyers optimistic

One of Mr Hicks' American lawyers, Michael Ratner, told ABC
Radio today he believed it was likely his citizenship application
would be approved.

"It would certainly be a bad application of the law to somehow
discriminate against David Hicks by saying he, because he is in
Guantanamo, can't have the citizenship of his mother - that would
be very unusual," Mr Ratner said.

"I expect . . . that David Hicks will be a British citizen.

"At that point of course we . . . know the British have fought
really hard to get their citizens out of Guantanamo and have
condemned the very kind of military commissions that David Hicks is
now going to face some time in October."

Mr Ratner said the British government would lose face if they
did not fight to free Mr Hicks after already battling to get nine
citizens out of the Cuban facility.

"It seems to me now that they've gotten nine out getting the
10th out shouldn't present a problem," he said.

Mr Ratner said he did not believe Hicks would have to undergo a
character check to receive his citizenship.

"Not when one of your parents was a Britisher," he said.

"You have a right by law to have that citizenship and they don't
check into whether your mother or you have good character."

David McLeod, who is part of Hicks' Australian legal team, said
the Australian government was aware of the move, but he did not
know whether there were any plans to influence the British
government's decision.

'Proud Australian'

Mr McLeod said Hicks' family supported the move, but wanted to
emphasise that he was not renouncing his Australian
citizenship.

"David is a very proud Australian," Mr McLeod told ABC
Radio.

"He has also got English heritage.

"It's not as if David is abandoning his Australian citizenship
for UK citizenship.

"He is applying for dual citizenship and we believe that the UK
government will look sympathetically upon this application."

Mr McLeod said there was no reason to think the British
government would not push for Hicks' release, as it had done with
nine other detainees - two of whom were also dual citizens.

"I think the UK took the high moral ground with this in securing
the rights for their nationals - in a similar way you would expect
they would do for someone like David who is entitled to British
citizenship," he said.

Page Tools

SPONSORED LINKS

1127586769659-theage.com.auhttp://www.theage.com.au/news/war-on-terror/british-background-could-help-hicks/2005/09/26/1127586769659.htmltheage.com.auAAP2005-09-26British background could help HicksInDepthSpecialsWarOnTerror